Chicago Title Trust Co. v. Shiner

Full title: Chicago Title and Trust Company et al., Appellees, v. William Shiner et…

Court: Appellate Court of Illinois, First District

Date published: Feb 13, 1941

308 Ill. App. 440 (Ill. App. Ct. 1941)

32 N.E.2d 337

Opinion

Gen. No. 41,637. (Abstract of Decision.)

Opinion filed February 13, 1941

FORECLOSURE OF MORTGAGES, § 232.1^_ — receiver, propriety. Where trust deed pledged rents as security for payment of mortgage, court properly appointed receiver where value of premises had diminished, and statute permitting mortgagor to post bond in lieu of appointing receiver did not make such procedure mandatory, but chancellor was within his discretion in appointing receiver even though mortgagor offered to furnish bond (Ill. Rev. Stat. 1939, ch. 22, § 55; Jones Ill. Stats. Ann. 106.20).

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from interlocutory order of Superior Court of Cook county; Hon. JOHN C. LEWE, presiding.

Affirmed. Heard in first division, first district, this court at February term, 1941.

Shaffer Freedman, for appellants;

Michael B. Roderick, of counsel;

Mayer, Meyer, Austrian Platt, for appellees;

David F. Rosenthal, Thomas H. Alcock and Edwin A. Rothschild, of counsel.

Opinion by PRESIDING JUSTICE O'CONNOR.

"Not to be published in full." Opinion filed February 13, 1941.